| Abari v Afza Empire, Inc. |
| 2008 NY Slip Op 03569 [50 AD3d 932] |
| April 22, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Sulayman Abari, Respondent, v Afza Empire, Inc., et al., Appellants. |
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Hach & Rose, LLP, New York, N.Y. (Philip S. Abate of counsel), for respondent.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Schmidt, J.), dated June 21, 2007, which denied their motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).
Ordered that the order is affirmed, with costs.
The defendants made a prima facie showing that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident (see Toure v Avis Rent A Car Sys., 98 NY2d 345 [2002]; Gaddy v Eyler, 79 NY2d 955, 956-957 [1992]). However, contrary to the defendants' contention, the affirmed report of the plaintiff's treating neurologist was sufficient to raise a triable issue of fact. Accordingly, the Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint. Skelos, J.P., Santucci, Covello, McCarthy and Chambers, JJ., concur.